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STATE v. BERRY

No. 92-0438-CR.

174 Wis.2d 28 (1993)

496 N.W.2d 746

STATE of Wisconsin, Plaintiff-Appellant, v. Steven Douglas BERRY and Brent A. King, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 26, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, with Stephen W. Kleinmaier, assistant attorney general, of Madison.

For defendants-respondents the cause was submitted on the joint brief of David M. Kaiser, of Milwaukee and Nathaniel D. Rothstein, of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SULLIVAN, J.

The State appeals from an order granting the defendant's motion to suppress evidence. The issue presented is whether, during the execution of a search warrant, an officer may enter a dwelling without first knocking and announcing his possession of a search warrant where the officer identified himself as "police" when approximately 25 to 30 feet from the house; the occupant of the house saw the uniformed officers approaching the house; and, the occupant...

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